65CEmployer not to dismiss worker

65C Employer not to dismiss worker (1) An employer of a worker commits an offence if: (a) the worker is totally or partially incapacitated for work as a result of an injury; and (b) the employer intentionally engages in conduct during the relevant period; and (c) the conduct results in the dismissal of the worker; and (d) the employer is reckless as to whether the worker is totally or partially incapacitated for work as a result of the injury. Maximum penalty: 200 penalty units (2) Strict liability applies to subsection (1)(a) and (c). (3) It is a defence to a prosecution for an offence against subsection (1) if the reason for the dismissal is serious misconduct by the worker. dismissal, of a worker, includes a situation in which: (a) an unreasonable employment condition is imposed on the worker that is designed to make the worker leave employment; and (b) the worker leaves the employment. relevant period, for an employer of a worker who is totally or partially incapacitated for work as a result of an injury, means the period: (a) that starts on the day on which the injury occurs; and (b) that ends 6 months after that day. serious misconduct means: (a) wilful or deliberate behaviour by a worker that is inconsistent with the continuation of the worker's contract of employment; or (b) conduct that causes serious and imminent risk to: (i) the health or safety of a person; or

Return to Work Act 1986 64 (ii) the reputation, viability or profitability of the employer's business; or (c) engaging in theft, fraud or assault in the course of employment; or (d) being intoxicated in the workplace, including being too impaired to work because of alcohol or a drug, other than a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug; or (e) refusal to carry out a reasonable instruction from the employer that is consistent with the worker's contract of employment.